Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-07-20
THE JUDGES DECISION
A CHANGE OF VENUE DENIED VAN B.
BAKER.
The Work Of Obtaining Jury Completed
The Details Of the Proceed
ings On the Second Day
Of the Trial.

VI VIC IILdI.
The second day Of the great Baker muir
der trial, at New Cumberland, opened with
still larger attendance than tine day pre-
vious. The trial is attracting universal at
tention all through the county and hun
dreds OF the best citizens of the neighbor-
hood are present, closely watching the
proceedings which it is believed will solve
the mystery Of the most brutal murder
that has ever occurred within the borders
of West Virginia.
Baker came into Court yesterday morn
ing looking bright and very little like one
who was
on TRIAL FOR HIS LIFE.
To casual observer he seemed the most
unconcerned of all the vast throDg that
were intently watching the proceedings.
However, the nervous twitch of his
mouth and the furtive glances he cast
about the crowded court room indicated
that he was disturbed more than he wished
to appear, and that he realized the eminent
danger of his situation. He wore his usual
suit of plain black, in which he has regu.
larly appeared since his arrest, and the
neatness of his attire showed that he had
paid extraordinary attention to his personal
appearance. He occupied the same seat as
the day before.
Upon taking his seat, Judge Boyd an
nounced that the Court was ready to give
its ruling on the motion made Monday by
the counsel for the defense for change of
venue on the ground that the citizens OF
Hancock county were prciudiced against
the prisoner, to ensure fair trial. In
giving his ruling Judge Boyd
SPOKE AS FOLLOWS:
''The conclusion came to after hearing
the affidavits and cross examination is
that there is nothing that will prevent q
fair and impartial trial. While there has
been much published in the newspapers
calculated to excite and perhaps influence
the minds OF the people, yet cannot but
think fair trial can he had from the
evidence in the case. The fact that the
Commissioners prepared the names for the
jury box, and also, at great expense, pro-
cured counsel to prosecute the prisoner, is |
TO my mind serious question, but unfor |
tunately the law is such they are permit |
ted to do this. In this case, | cannot |
think there was anything unfair or dis
honorable. | think there is nothing in |
the conduct of the Sheriff that was wrong |
I FOL nft ,tnin hn tnr
whether there is prejudice sufficient to
warrant a change of venue, and if so
find will then grant the change As the |
matter now stands will overrule the
notion"
As the Judge finished
A BREATH OF RELIEF
was drawn by the vast crowd who had been
breathlessly awaiting his decision.
The Jury detail was then called and the
counsel for the defense and prosecution
began to prepare themselves for the work.
Twenty jurors had been listed and the
work Of calling their names at once began.
The first Juror sworn was
John Melvin, .Jr-Have formed an Opin |
ion OF prisoners guilt from what have
read in the paper. Could give fair and
impartial verdict from the evidence. Can
discard any opinion heretofore formed. |
Have no conscientious scruples against
capital punishment Accepted.
Geo. Iambert-Have expressed opinion
from what have read and heard from or
binary conversation. Can discard any |
feelings from what have read and heard |
Am not opposed TO capital punishment
Accepted.
David RalstOn- Have formed opinion
and expressed same Of prisoners guilt |
Have talked with witnesses. Opinion is
OF A DECIDED CHARACTER.
Live in the neghborhOOd Of the crime. |
Excused.
Johnson-Have no bias or prejudice
Know nothing only what | have read or
heard. Do not recollect whether ! was
present ut coroner's inquest or not. Have |
bad memory. Have formed strong opin- |
ion. Expect opinion would influence me
in giving verdict. Excused.
Edward W. Hart was next examined
and accepted.
X. A. Shay was challenged by the de-
fense as being prejudiced, but the objec-
ton was overruled by the Judge and he
was accepted.
VIM. Allison was excused on the ground |
that he was opposed TO capital punish
ment.
Geo Prosser was also excused because
of distant relationship TO the murdered
women.
Robert o. Taylor was next called; ex-
cused.
Edward Carothers was examined. He
had formed no opinion and was accepted. |
Considerable trouble was had over the |
next man, VIM. A. Jester. The man
swORE HE HAD NO BIAS
in the case aud could give a fair and i'm
partial verdict. He was cross examined |
by Hutchinson, the prosecutor trying To |
show that he WAS an intimate friend ofthe |
prisoner He was challenged by the |
counsel for the State, but the objection |
was overruled.
Robert Wilson-Live in Cumberland. |
Have formed and may have expressed opin- |
ion Can he governed wholly by the law
and evidence. Not opposed to punish
ment by death if the evidence and law
warrants it. Accepted without challenge |
Isaac Huff-Have no prejudice or bias
against him. Live in the upper end OF
Hancock county. Was not present and
talked with none Of the witnesses at the
inquest. Can decide the case according TO
the evidence If it is strong enough. Can
discard all prejudice. Cfoss-examinei by
Cook.
HAVE A STRONG OPINION
and n ynnld take considerable evidence to |
overcome il. Excused.
John Linduff-Liye in Clay District-
No bias against prisoner. Formed an opin-
ion soon after heard Of the crime. My
opinion is based upon newspapers and ru-
mors. Think can decide the case solely
upon the law and evidence. Not opposed
to punishment by death when case war
rants il. Gross examined by Cook. To
certain extent have the same opinion yet.
NIz.ll - ;,.o h. bnx ord try N throw